Is My Marriage Valid With Three Witnesses?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
Last year, I conducted a nikah where the bride who was in a state gave her consent to my friend through text for nikah, and he offered her to me in front of 3 witnesses. I was 20 years old, and the girl was 16 years old. We didn’t know about the nikah. I want to know a valid nikah, according to Shari‘a, as I get many misgivings regarding our nikah.
Since there are different opinions of Salafis and other madhhabs, it makes me doubt more. I get anxious over it. Also, the government here says the nikah of a girl below 18 is void. Do we have to obey the law of the land and not consider it as valid if it is valid? We are speaking as if we are married and we are attached. Kindly answer.
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
If the marriage took place with your friend being the agent (wakil) and there was a presence of two male or one male and two female witnesses, then the marriage contract was valid; otherwise, not.
What is Important in a Marriage Ceremony?
The most important matter in a marriage contract ceremony is the presence of two males or one male witness and two female witnesses to witness the marriage.
Marriage is concluded and contracted with the offer and acceptance in the presence of two male witnesses or one male and two female witnesses. [Ibn ‘Abidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]
Your Case
In your case, if the marriage took place as I have mentioned above, then you now have to look at the next step of making it public by telling each other’s parents. Otherwise, both will remain frustrated. It is not fair on her at all, neither are you doing yourself any good, and most importantly, both the families not knowing. You will have to get a local reliable Imam or scholar involved and find a solution for it to work for the best of your future and hers.
I pray and hope something works out and both families find a solution going forward, in sha’ Allah.
Related:
- Is It Valid to Marry in Secret?
- secret marriage Archives
- What Is a Marriage?
- Key Considerations in the Act of Marriage
- Etiquette of Marriage: A Comprehensive SeekersGuidance Reader
- Love, Marriage, and Relationships in Islam: All Your Questions Answered
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
